City of Lowell, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Lowell 4-26-1988 as Ch. 2, Art. V and Ch. 18, Art. I of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Boards, commissions and committees — See Ch. 9.
Departments — See Ch. 20.
Personnel — See Ch. 56.
City-owned property — See Ch. 60.
Utilities — See Ch. 81.
The chief executive officer shall annually in the month of January or February appoint one poundkeeper and three or more fence viewers.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
[Added 10-29-1991]
A. 
Appointment; qualifications. The City Manager shall appoint four or more constables for the term of three years beginning with the first day of January in the year of appointment; constables are not City employees. Notwithstanding anything to the contrary, all such constables with the power to serve civil process shall be residents of the Commonwealth of Massachusetts upon appointment and shall remain residents of the Commonwealth of Massachusetts during their tenure in office.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Bond required. Appointments of constables shall specify in each case whether the appointment is for a position connected with the City or county service to serve without bond or for the service of civil process upon the filing of the bond required by law.
C. 
Fees.
[Amended 2-9-1993[2]]
(1) 
The fee for constables appointed to serve civil process under this section shall be as provided in Chapter 150, Fees, for each three-year term of office which shall be paid to the City Clerk prior to their assuming their duties.
(2) 
A one-time nonrefundable application fee as provided in Chapter 150, Fees, for each new applicant shall be paid to the City of Lowell when a new application is obtained from said office.
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
D. 
Residency requirements. The City Manager may appoint nonresidents of the City of Lowell as constables in the City of Lowell, provided that the city or town in which the applicant for constable in the City of Lowell is a resident allows Lowell residents to be constables in that respective city or town.
[Amended 2-9-1993]
A. 
The Sealer of Weights and Measures shall be the head of the Division of Weights and Measures.
[Amended 5-26-1992]
B. 
The Sealer of Weights and Measures shall annually make a report to the Director of Standards of the Department of Labor and Workforce Development required by MGL c. 98, § 37. He shall transmit a copy of such report to the City Council together with the account of all sums received by him and paid over to the City Treasurer.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
The City Clerk, under the direction and control of the City Council, shall have the care and custody of the City records and all documents, maps, plans and papers respecting the care and custody of which no other provision is made. He shall attend and keep the records of all meetings of the City Council.
B. 
The City Clerk shall keep a record of the names of all streets, alphabetically arranged, and a list and description of all sidewalks, sewers and drains ordered to be built.
A. 
Appointment; term; removal. The City Clerk may nominate and appoint an Assistant City Clerk, subject to confirmation by the City Council, for a term to expire simultaneously with the term of the City Clerk and until a successor is appointed. Upon confirmation by the City Council, the Assistant City Clerk shall be sworn to the faithful discharge of his duties. The Assistant City Clerk may at any time be removed by the City Clerk with the approbation of the City Council.
B. 
Duties. It shall be the duty of the Assistant City Clerk to assist the City Clerk in recording, indexing and certifying all papers or instruments required by law to be filed in the office of or recorded by the City Clerk and also, if necessary, to attest documents as provided by MGL c. 41, § 18 and perform all other duties pertaining to the office of City Clerk when required by him or when the City Clerk shall be absent or the office of City Clerk shall be vacant for any cause.[1]
[1]
Editor's Note: Original § 2-229, which immediately followed this section and dealt with fees for services, was repealed 4-28-1992. See now Ch. 150, Fees.
It shall be the duty of the City Physician to render any and all services that may be required of him in the examination of persons who are injured while in the employ of the City and to render a report thereof to the City Solicitor. The examination of such persons and the reports of the results of such examinations shall be rendered to the Law Department at the request of the City Council or the City Solicitor. It shall be the duty of the City Physician to attend all hearings before the Industrial Accident Board in the adjudication of cases of employees of the City when so requested by the City Solicitor.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
A. 
Duties; annual report; compensation.
(1) 
It shall be the duty of the City Solicitor to draft all bonds, contracts, deeds, leases, obligations, conveyances and other legal instruments which may be required of him by any ordinance or order of the City Council or by any committee of the City Council; to commence and prosecute all suits brought by order of the City or on account of any estate, claims, rights, privileges or demand of the City; to appear before any court in this commonwealth in defense of all actions or suits against the City or its officers in their official capacity, wherein the rights, estate, privileges, ordinances or acts of the City, or breach of any ordinance, may be brought in question; to try and argue any and all causes in which the City shall be a party before any legal tribunal; and to do every professional act which may be required of him by the City Council, the Mayor or any committee of the City Council or by any order or rule of the City Council.
(2) 
When required by the Mayor, the City Council or any committee of the City Council, or by the School Committee of the City, he shall furnish a written opinion on any legal question or subject which may be submitted to him in writing, setting out in detail the question, and he shall at all times furnish legal advice to any officer of the City who may require his opinion upon any subject concerning the duties incumbent upon such officer.
(3) 
He shall annually, in the month of February, make a report to the City Council of the business of his office during the year, stating the suits pending in favor of or against the City at the time of his report, with a brief description of each, and such other information as in his opinion the interests of the City may require.
(4) 
He shall not be allowed or paid any extra compensation over or above the salary of his office for any services rendered the City or any of its officers, with the exception of any compensation paid pursuant to a contract authorized under MGL c. 71, § 37E.
B. 
Docket records. The City Solicitor shall keep a docket giving the names of the parties who have brought actions against the City or against whom the City has any action pending. He shall also keep another record of cases properly indexed, the name and residence of each witness to be written in the record, and the substance of what the witnesses will testify to shall also be inscribed in the book, and, if possible, the same shall be signed by the witness. The docket, recording book, and all briefs shall, at the expiration of the City Solicitor's term of office, be handed to his successor and shall be the property of the City.
A. 
Office created. There are hereby created in the Law Department of the City five positions to be known as "Assistant City Solicitor." The title of the occupants of the positions shall be "Assistant City Solicitor." The City Manager, in his discretion, shall determine the needs of the Law Department of the City insofar as the appointment to and the filling of these positions are concerned and act accordingly.
B. 
Qualifications; appointment; removal. Each Assistant City Solicitor shall be an attorney at law, duly authorized to practice law in the courts of the commonwealth, and shall be appointed and may be removed in accordance with the provisions of MGL c. 43, §§ 104 and 105.
C. 
Duties. Each Assistant City Solicitor shall be under the direction of the City Solicitor and shall assist the City Solicitor in the performance of the duties of his office and shall perform such other duties as may be assigned to him by the City Solicitor. He shall have authority to represent the City in all proceedings before any court, administrative board, legislative committee and any such body, when so requested and directed by the City Solicitor.
A. 
Office created; appointment. The office of Commissioner of Public Works is hereby created. He shall be an administrative officer of the City, under the direction of the chief executive officer of the City, with general charge and oversight of all of the divisions set forth in Chapter 20, Article III, Department of Public Works, of this Code and shall be appointed and may be removed by the chief executive officer.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
Powers and duties.
(1) 
The Commissioner of Public Works shall take charge of the Department of Public Works, all of its divisions, and all the property under the control of the Department and shall have general direction and supervision of all employees in the various divisions of the Department, under the direction of the chief executive officer of the City.
(2) 
He shall assign such property within the Department to any division thereof as has need and use for the same.
(3) 
He shall, subject to the approval of the Personnel Director, arrange and establish a roster of the employees, wherein all employees of the Department shall be placed on lists to their respective classifications, and shall employ each such employee within his respective classification, except that such employee may be employed in any division of the Department wherein there is need for his service, within his respective classification.[3]
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
He shall have the power, subject to the approval of the chief executive officer of the City, to make and establish rules and regulations for conducting the affairs of the Department and the various divisions thereof.
C. 
Authority to designate Acting Commissioner. The Commissioner of Public Works, with the approval of the chief executive officer of the City, may designate one of the Deputy Commissioners to perform the duties of Commissioner during his absence or should the Commissioner be unable to fulfill his duties. There shall be no increase in the salary for the person designated to perform such duties, but he shall have all the powers of a Commissioner when so acting.
D. 
Deputy Commissioners.[4]
(1) 
Each of the divisions established by Chapter 20, Article III, Department of Public Works, shall be under the direct charge of a Deputy Commissioner of the Department of Public Works, except that the Division of Streets and Highways and the Division of Waste Disposal shall be in charge of one Deputy. Each Deputy shall be an administrative officer of the City, in charge of the division or divisions, under the Commissioner, and shall be appointed and may be removed by the chief executive officer of the City subject to MGL c. 31.
(2) 
The deputy in charge of the Division of Engineering shall be a civil engineer with at least five years' practice.
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Appropriations. Appropriations shall come under the control and supervision of and be expended by the Commissioner of Public Works.
[1]
Editor's Note: For the Department of Public Works see Ch. 20, Art. III.
A. 
The Executive Director of the Lowell Regional Wastewater Utility, under the direction of the City Council, shall superintend the building of all common sewers and drains that may be built under the authority of the Council and shall make all contracts for labor and materials therefor. He shall report to the Auditor the names of all persons liable to be assessed for the expense of constructing or repairing sewers or drains.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
He shall also have the care of implements of labor, machinery and equipment in the Utility, shall keep an accurate record of all his proceedings and enter, under appropriate heads, the receipts and expenditures in the Utility and shall, on or before the first Monday in January, annually, make a report to the City Council containing a general statement of the expenses of the Utility during the preceding year, the amount expended in the construction or repairing of the different sewers and drains, and such other information as he may deem important, together with an estimate of detail of the property under his charge belonging to the City.
[1]
Editor's Note: See also Ch. 81, Utilities, Art. I, Regional Wastewater Utility.